Paul Beasley Johnson

Case overview

Paul Beasley Johnson was sentenced to death on September 22, 1981. The case involved the murders of taxi cabdriver William Evans, Deputy Theron Burnham, and the killing of Darrell Beasley, along with robbery, kidnapping, arson, and attempted first-degree murder counts.

Johnson was identified by Amy Reid, Deputy Allison, and Deputy Darrington. Johnson’s fingerprints were discovered in the taxicab.

Timeline

• 01/08/81 — Paul Johnson and his wife visited friends, Shayne and Ricky Carter, smoked marijuana, and took injections of crystal methedrine.
• 01/09/81 — At approximately 3:00 a.m., Amy Reid and Darrell Beasley left a restaurant in Lakeland; after a ride with a stranger who was later linked to Johnson, Reid called the Polk County Sheriff’s Office and deputies responded.
• 01/09/81 — A suspect shot Deputies Allison and Darrington; Burnham’s body was discovered in the drainage ditch; Beasley’s body was found later that day with one gunshot wound to the head and his wallet missing.
• 01/10/81 — Paul Johnson was arrested for the murders of Beasley and Burnham.
• 01/23/81 — Johnson was indicted for the listed counts in Trial I.
• 01/30/81 — Johnson pled not guilty.
• 09/22/81 — Johnson was found guilty on all counts in Trial I.
• 09/22/81 — The jury recommended death by a majority on all three counts.
• 09/23/81 — Johnson was sentenced on Trial I counts I–IX, including death sentences for counts I–III.
• 04/22/88 — Johnson was found guilty on all counts in Trial II.
• 04/26/88 — The jury recommended death in Trial II by vote counts for counts I–III.
• 04/28/88 — Johnson was sentenced in Trial II counts I–IX, including death sentences for counts I–III.
• 07/11/88 — A second direct appeal was filed with the Florida Supreme Court.
• 08/25/83 — The Florida Supreme Court affirmed the sentences and convictions of death after the direct appeal.
• 10/29/81 — A direct appeal was filed with the Florida Supreme Court.
• 12/15/83 — A petition for a writ of certiorari was filed with the United States Supreme Court.
• 02/21/84 — The United States Supreme Court denied the petition for a writ of certiorari.
• 02/17/86 — A petition for a writ of habeas corpus was filed with the Florida Supreme Court.
• 12/11/86 — The petition for a writ of habeas corpus was granted; the case was remanded to the circuit court for a new trial.
• 02/26/87 — A petition for a writ of certiorari was filed with the United States Supreme Court.
• 04/20/87 — The United States Supreme Court denied the petition for a writ of certiorari.
• 03/12/93 — A petition for a writ of certiorari was filed with the United States Supreme Court.
• 05/17/93 — The United States Supreme Court denied the petition for a writ of certiorari.
• 08/01/94 — A 3.850 motion was filed with the state circuit court.
• 12/12/94 — The 3.850 motion was denied.
• 02/02/95 — A 3.850 appeal was filed with the Florida Supreme Court.
• 08/29/95 — The state’s motion to dismiss was granted.
• 05/17/95 — The amended 3.850 motion was directed to be reinstated by the Florida Supreme Court.
• 03/20/97 — The amended 3.850 motion was denied.
• 06/09/97 — A 3.850 appeal was filed with the Florida Supreme Court.
• 10/10/01 — A petition for a writ of habeas corpus was filed with the Florida Supreme Court.
• 09/26/02 — The Florida Supreme Court denied the petition for a writ of habeas corpus.
• 02/07/03 — A 3.851 motion was filed with the state circuit court.
• 03/11/05 — The 3.851 motion was denied.
• 04/20/05 — A 3.851 motion appeal was filed with the Florida Supreme Court.
• 03/17/06 — The Florida Supreme Court affirmed the denial of the 3.851 motion.

Background

Paul Johnson was born 07/08/49. Two judicial circuit cases were involved at different times: Tenth Judicial Circuit, Polk County Case # 81-112 and Fifth Judicial Circuit, Lake County Case # 81-733. The case was changed for a second trial to Eighth Judicial Circuit, Alachua County Case # 88-448 (cases were consolidated).

Sentencing judges differed by trial: Trial I was sentenced by The Honorable Randall G. McDonald. Trial II was sentenced by The Honorable Wayne M. Carlisle (Retired).

Counsel in Trial I included Lawrence Shearer – Assistant Public Defender. In Trial II, the assistant public defenders were Lawrence Shearer and Robert Norgard – Assistant Public Defenders.

First direct appeal counsel was W.C. McClain – Assistant Public Defender. Second direct appeal counsel was Douglas S. Connor – Assistant Public Defender. Collateral appeals were handled by Terri Backhus – Registry Date of Offenses: 01/09/81.

The offence

Paul Johnson and his wife visited friends, Shayne and Ricky Carter, on the evening of January 8, 1981. While at their friends’ house, they smoked marijuana and took injections of crystal methedrine.

At trial, Ricky testified that he heard Johnson say he was going to obtain more drugs and that he would possibly steal something or rob someone. Shayne also testified that Johnson stated he was going to obtain more drug money and that “if he had to shoot someone, he would have to shoot someone.”

Taxi cabdriver William Evans

Taxicab driver William Evans picked up a fare in Polk County on the night of January 8, 1981. The cab dispatcher heard a stranger’s voice over the cab’s radio several times after midnight stating that Evans had been knocked out. The dispatcher had last communication with the cab, which was found five days later in a citrus grove located about a mile from where Evans’ body was found. Evans had been shot twice in the head; both his fare money and wallet were missing. The cab had been set on fire.

Killings of Darrell Beasley and Deputy Theron Burnham

At approximately 3:00 a.m. on January 9, 1981, Amy Reid and Darrell Beasley left a restaurant in Lakeland. A man who said that his car would not start approached them in the parking lot. The man requested a ride to a friend’s house. Reid and Beasley complied and drove off with the stranger.

The stranger asked Beasley to stop the car in a remote area so he could relieve himself. When the stranger returned to the car, he asked Beasley to walk to the back of the car with him. When Reid looked through the rear-view window, she saw the stranger pointing a gun at Beasley. Reid locked the doors in the car and drove to a convenience store several miles away, where she called the Polk County Sheriff’s Office.

Deputy Allison and Deputy Darrington were the officers who answered Reid’s call. After the deputies picked Reid up, she directed them to the location where she left Beasley and the stranger.

Concurrently, Deputy Theron Burnham reported to dispatch that he had spotted a suspect on the road that Reid last saw Beasley. When Deputies Allison and Darrington arrived at Burnham’s location, they parked their car so that it faced Burnham’s patrol car. Burnham’s car had been left running with the lights on, but they did not see Burnham.

A white male came out from a drainage ditch on one side of the road and quickly passed in between the patrol cars. He fired two shots at Deputies Allison and Darrington and fled across an open field. The deputies discovered Burnham’s body, which had been shot three times, in the drainage ditch and Burnham’s service revolver was missing.

Beasley’s body was found later that day with one gunshot wound to the head. His wallet was missing.

Subsequent events involving the Carters and Johnson

On the following afternoon, Johnson’s wife and the Carters saw a police sketch of the suspect in the newspaper and talked about whether it resembled Johnson. Johnson later telephoned his wife at the Carters’ home, and she was visibly upset when she hung up the phone.

Ricky spoke to Johnson and asked him if he was responsible for the killing that the newspaper talked about, and Johnson replied, “if that’s what it says.”

Ricky and Johnson’s wife went to get Johnson. Johnson changed into a new shirt before throwing his old shirt, which had been described in the newspaper, out the window.

Upon returning to the Carter residence, Johnson relayed that he struck the officer with his gun when the officer told him to put his hands on the patrol car. A struggle ensued and Johnson shot the deputy three times.

Investigation and arrest

Reid, Allison, and Darrington identified Johnson. Additionally, Johnson’s fingerprints were discovered in the taxicab.

Paul Johnson was arrested for the murders of Beasley and Burnham on January 10, 1981. Johnson was charged the following week with taxi cabdriver Evans’ murder.

Trial

Trial I (Polk County Case # 81-112; Tenth Judicial Circuit)

Johnson was indicted on 01/23/81 for the following counts:

• Count I: First-Degree Murder
• Count II: First-Degree Murder
• Count III: First-Degree Murder
• Count IV: Robbery
• Count V: Kidnapping
• Count VI: Arson
• Count VII: Robbery
• Count VIII: Attempted First-Degree Murder
• Count IX: Attempted First-Degree Murder

On 01/30/81, Johnson pled not guilty.

On 09/22/81, Johnson was found guilty on all counts. On 09/22/81, the jury recommended death by a majority on all three counts.

On 09/23/81, Johnson was sentenced as follows:

• Count I: First-Degree Murder – Death
• Count II: First-Degree Murder – Death
• Count III: First-Degree Murder – Death
• Count IV: Robbery – Life sentence
• Count V: Kidnapping – 15 years
• Count VI: Arson – 15 years
• Count VII: Robbery – Life sentence
• Count VIII: Attempted First-Degree Murder – 30 years
• Count IX: Attempted First-Degree Murder – 30 years

Trial II (Lake County Case consolidated; Eighth Judicial Circuit, Alachua County Case # 88-488 CFA)

Polk County Case # 81-112 was transferred to Lake County in order for the case to be tried in consolidation with Lake County Case # 81-733.

Polk County Case # 81-112 and Lake County Case # 81-733 were consolidated and changed into Alachua County Case # 88-488 CFA for a change of venue.

On 04/22/88, Johnson was found guilty on all counts (Case # 88-488 CFA).

On 04/26/88, the jury recommended death by a vote of:

• Count I: 8-4
• Count II: 9-3
• Count III: 9-3

On 04/28/88, Johnson was sentenced as follows:

• Count V: Kidnapping – 15 years
• Count VI: Arson – 15 years

Appeals

First direct appeal

A Direct Appeal was filed with the Florida Supreme Court on 10/29/81. Issues included:

• whether the police employed an unnecessarily suggestive procedure in obtaining an out-of-court identification; and
• whether the trial court erred in allowing the charges arising from the cab driver’s death to be grouped with the other counts of the indictment.

The Florida Supreme Court found these claims either harmless or without merit and affirmed the sentences and convictions of Death on 08/25/83.

A Petition for a Writ of Certiorari was filed with the United States Supreme Court on 12/15/83 and denied on 02/21/84.

Collateral habeas and remand

A Petition for a Writ of Habeas Corpus was filed with the Florida Supreme Court on 02/17/86. The petition was granted based on a claim of ineffective counsel and was remanded to the circuit court for a new trial on 12/11/86.

A Petition for a Writ of Certiorari was filed with the United States Supreme Court on 02/26/87 and denied on 04/20/87.

Second direct appeal

A second Direct Appeal was filed with the Florida Supreme Court on 07/11/88. Issues included:

• whether the trial court erred in granting the State’s challenge for cause of two particular jurors; and
• whether the trial court erred in denying Johnson’s motion to suppress the testimony of James Leon Smith, a fellow inmate.

The Florida Supreme Court found all of the claims either harmless or without merit and confirmed the convictions and sentences of Death.

A Petition for a Writ of Certiorari was filed with the United States Supreme Court on 03/12/93 and denied on 05/17/93.

3.850 motions and appeals

A 3.850 Motion was filed with the state circuit court on 08/01/94 and denied on 12/12/94.

A 3.850 Appeal was filed with the Florida Supreme Court on 02/02/95 and the state’s motion to dismiss was granted on 08/29/95. The Florida Supreme Court directed the trial court to reinstate the amended 3.850 Motion filed on 05/17/95 and proceed with the hearing. The amended 3.850 Motion was denied on 03/20/97.

A 3.850 Appeal was filed on 06/09/97. Issues included:

• whether the trial court erred in denying Johnson an evidentiary hearing or additional discovery concerning his public records request; and
• whether the trial court erred in denying Johnson’s motion to disqualify the presiding judge.

The Florida Supreme Court found all of the claims either harmless or without merit and affirmed the circuit court’s denial of the 3.850.

Habeas corpus petition and 3.851 motion

A Petition for a Writ of Habeas Corpus was filed with the Florida Supreme Court on 10/10/01. Issues raised included whether appellate counsel was ineffective. The Florida Supreme Court found all of the claims either without merit or procedurally barred and denied the petition on 09/26/02.

A 3.851 Motion was filed with the state circuit court on 02/07/03 and was denied on 03/11/05.

A 3.851 Motion Appeal was filed with the Florida Supreme Court on 04/20/05, and on 03/17/06, the Florida Supreme Court affirmed the denial of the motion.

Outcome

Johnson was convicted on all counts in both Trial I and Trial II. In both trials, the jury recommended death for the three first-degree murder counts and the court sentenced Johnson to death on 09/23/81 (Trial I) and on 04/28/88 (Trial II), with additional sentences for robbery, kidnapping, arson, and attempted first-degree murder counts as recorded in each trial’s sentencing.

Other details

Johnson’s case was listed with multiple Florida Supreme Court opinion identifiers: 68319 opinion 72694 opinion SC90743 opinion SC01-2182. The case summary also referenced DC# 019513 and a consolidation and change of venue into Alachua County Case # 88-448, along with the specific Trial II case label “Case # 88-488 CFA.”